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HomeMy WebLinkAboutMinutes - City Council - 1979-10-01 286 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California October 1, 1979 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Housing and II Redevelopment Administrator Henson. The meeting was called to order at 7 : 00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Pugh, Kirkpatrick, and Demsher. Absent: None Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness , Planning and Community Development Director Perry, Housing and Redevelopment Administrator Henson, Assistant City Engineer Lang, Associate Civil Engineer Hastings, Associate Civil Engineer Mathis , Traffic Engineer Hamilton, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of September 17, 1979 and the adjourned regular meeting of Sep- tember 28, 1979, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS American Field Service (AFS) - Presentation to City In a communication to Council dated September 13, 1979 , the AFS Redding Branch Publicity Chairman advised Council that Martin Dodd, an AFS International Exchange Student from Walsall in Staffordshire, England, wishes to make a presen- /.)" tation to the Mayor and the City of Redding. On behalf of the Great Wyrley Parish Council of his community, Martin Dodd presented to Mayor Demsher and the citizenry of the City of Redding, a shield representing the armorial bearings of the Parish as a token of goodwill. On behalf of the City, Mayor Demsher received the memento from Mr. Dodd and expressed his appreciation. PETITIONS re Barricade at Valentine Lane Two petitions were submitted to Council , one requesting removal of the Barricade at the end of Valentine Lane and one requesting retention of same. Mayor Demsher advised those present in the audience that Council will refer the petitions to staff for study and recommendation ()-S,,, and that Council will consider the matter at its next meeting. V� -> He advised that testimony will not be taken this evening because V�, ' :; Council is not prepared to make a decision; however, the street will remain closed until a decision is reached. Councilman Kirkpatrick requested preparation of historical back- ground information on this matter not being familiar with the reason for the initial placement of the barricade there in years past. Councilwoman Gard requested traffic counts on Wyndham Lane and Ellis Street for consideration of this matter. It was noted that 287 the area has changed considerably over the past few years due to the development of five subdivisions and because of the recent opening of the Bonnyview Bridge. Mayor Demsher instructed staff to prepare the background infor- mation, including Planning Commission minutes and pertinent data pertaining to the Rivella Subdivision for submission to Council for consideration of this matter. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 6 , check nos. 65738 to 66002 , inclusive, in the amount of $1, 298, 202 . 70 be approved and -paid, and that Payroll Register No. 6, check nos. 118830 to 119354, inclusive, salaries in the amount of $329 , 570. 30 for the period September 2 , 1979 through September 15, 1979, be approved. Total $1, 627 , 773 . 00 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None REASSESSMENT - Mac' s Road Assessment District No. 1978-2 , Assessment No. 1 Public Works Director Arness advised Council that the Treasurer ' s office has received a request to split Mac ' s Road Assessment District No. 1978-2 , Assessment No. 1 according to Parcel Map 91-79 . The Treasurer recommends that Council order the split and reassessment, instruct the City Engineer to make the reassessment, and the City S S- Clerk to arrange for a public hearing. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes The Public Hearing was set for 7 : 30 P.M. , November 5 , 1979 REASSESSMENT - Alta Subdivision & Adjacent Areas No. 1968-3 , Assessment No. 1-2 Public Works Director Arness advised Council that the Treasurer' s office has received a request to split Alta Subdivision & Adjacent Areas No. 1967-3, Assessment No. 1-2 according to Riverhome Sub- division. The Treasurer recommends that Council order the split 403 and reassessment, instruct the City Engineer to make the reassess- ment, and the City Clerk to arrange for a public hearing. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes The Public Hearing was set for 7 : 30 P.M. , November 5 , 1979. CLAIMS FOR DAMAGE - 1st hearing Larry Gosatti - Claim filed 9/13/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Larry Gosatti on September 13, 1979 be denied, based on the recommendation of the City Insurance Committee, and that the claimant be so advised. The Vote: Unanimous Ayes California State Automobile Association on behalf of Michael Cossolotto - Claim filed 9/21/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Claim for Damage filed by the California State / 3 288 Automobile Association on September 21, 1979 on behalf of Michael Cossolotto, be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 5, 1979. The Vote: Unanimous Ayes Lois Jeanne Rothe, dba Wentz Market - Claim filed 9/21/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Claim for Damage filed by Lois Jeanne Rothe, dba Wentz Market on September 21, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 5, 1979. The Vote: Unanimous Ayes R. Maxine Comer - Claim filed 9/21/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Claim for Damage filed by R. Maxine Comer :5 on September 21, 1979 be referred to the City Attorney and J the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 5, 1979. The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS FOR DAMAGE - by Insurance Carrier City Attorney Murphy advised Council that the Claims for Damage filed by the following have been settled by the City Insurance Carrier in the amounts listed: Farm Mutual Automobile Insurance Company on behalf of Audrey Trawick - $372. 19 Mrs. Alberto Navarro - $427. 40 SETTING PUBLIC HEARING - Annexation No. 79-5 (South Bechelli Lane) Planning and Community Development Director Perry reviewed the staff memo to Council dated September 26 , 1979. He stated that at its regular meeting of September 12 , 1979 , the Local Agency Forma- tion Commission approved the revised boundaries of the proposed annexation on South Bechelli Lane. The area was shown on the Vu Graph. Mr. Perry advised that the next step in the process is to set the time and place for a protest hearing. It is recommended �10� that Council adopt the prepared resolution setting the hearing for 7 : 30 P.M. , November 19, 1979. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-186 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annex- ation to the City of Redding of inhabited territory described herein and designated "Enterprise Annex No. 79-5" , as revised, and giving notice of time and place for hearing protests thereto. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-186 is on file in the office of the City Clerk. SETTING PUBLIC HEARING - Annexation No. 79-11 (Eakens-Oasis Road) / I`` Planning and Community Development Director Perry reviewed the staff memo to Council dated September 26 , 1979. He stated that at its regular meeting of September 12, 1979, the Local Agency Formation Commission approved the request to annex approximately 289 { I j 200 acres located generally north of Oasis Road and west of Inter- state 5. The area was shown on the Vu Graph. Mr. Perry advised that because all of the affected property owners did not sign the petition, the next step in the procedure is to set a protest hearing It is the staff recommendation that the prepared resolution be adopted setting the protest hearing for 7 : 30 P.M. , November 19 , 1979 . MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-187 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annex- ation to the City of Redding of uninhabited territory described herein and designated "City of Redding Annexation No. 79-11" , (Eakens-Oasis Road) , and giving notice of time and place for hearing protests thereto. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-187 is on file in the office of the City Clerk. TENTATIVE SUBDIVISION MAP - Lake Redding Hill Council was advised that -the Planning Commission has approved the Tentative Subdivision Map for Lake Redding Hill Subdivision, )d y subject to twenty-three conditions. Council was provided a list d of the conditions. The location of the subdivision was shown on the Vu Graph. ENVIRONMENTAL IMPACT REPORT EIR-3-79 Planning and Community Development Director Perry submitted to Council for their review copies of the final Environmental Impact Report EIR-3-79 pertaining to the Cypress Properties Shopping Center on Hilltop Drive, and the Canby Overcrossing. Mr. Perry said that prior to considering the overpass proposal, the shopping. center, possible assessment districts, and right of way acquisition, it is the staff recommendation that Council set a special study session to consider the report and related issues. lam ' With the concurrence of other Council Members, Mayor Demsher set the study session for 3 : 30 to 5 : 30 p.m. , October 10, 1979 in the City Hall conference room, and instructed the City Clerk to notify the News Media of same. RESOLUTION - Waiver of Parcel Map re Lot Line Adjustment LS-80-79 Planning and Community Development Director Perry reviewed the staff memo to Council dated September 26, 1979. He stated that at its regular meeting of August 22 , 1979, the Board of Administra- tive Review granted Charles Hess permission to adjust lot lines between parcels located at 1445 and 1465 Barbara Road. The area was depicted on the Vu Graph. It is the staff recommendation that the requirement for a parcel map be waived by adoption of the prepared resolution. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick 10?4 that Resolution No. 79-188 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a Parcel Map for Lot Split Application LS-80-79. Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-188 is on file in the office of the City Clerk. - 290 ANNEXATION No. 79-14 - Goodwater, Avenue Planning and Community Development. Director Perryreviewed the staff .memoto Council dated September 26, 1979 . He stated that at its regular meeting of September 12 , 1979 , the Local Agency Formation Commission approved the request to annex approximately 55 acres located generally on the east side of Goodwater Avenue north of Rancho Road. The area was shown on the Vu Graph. Mr. Perry said that the next step in the process is toadopt a resolution annexing the area as all the affected property owners signed the petition. It is the staff recommendation that the, prepared resolution be adopted. � 5 ,ThU MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-189 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain uninhabited territory .designated "City of Redding Annexation No. 79-14" to City of Redding. (Goodwater Avenue) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution. No. 79-189 is on file in the office of the City Clerk. STOP SIGN - Anita Street at Ellis Street Traffic Engineer Hamilton reported that at its regular session on September 11, 1979, the Traffic and Parking Commission considered the staff recommendation to establish a stop sign on southbound Anita Street at Ellis Street and voted unanimously to so recommend to Council.. A resolution was submitted for Council consideration. I `cJ MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick r \� that Resolution No. 79-190 be adopted, a resolution of the City Concil. of the City of Redding amending the Traffic Control Map by establishing a "Stop" Sign on Anita Street at Ellis Street. Voting was as follows: Ayes: Council .Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-190 is on file in the office of the City Clerk. PARKING PROHIBITION - Ellis Street Traffic Engineer Hamilton reported thatat its regular session on September 11, 1979, the Traffic and Parking Commission considered the staff recommendation that parking be prohibited at all times on both sides of Ellis Street between Polk and Dove Streets because of the narrow roadway and curvelinear alignment and voted unanimously to so recommend to Council. A resolution was submitted for Council consideration. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh \� that Resolution No. 79-191 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on both sides of Ellis Street between Polk and Dove Streets. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Reolution No. 79-191 is on file in the office of the City Clerk. 291 PUBLIC WORKS PLANNING REPORTS Public Works Director Arness submitted the Public Works Planning Reports for October 1979. Councilwoman Gard noted that the Ellis Street extension is 95% complete and questioned what items of work remain. Mr. Arness said there is some minor cleanup yet to be done, the signs need to be placed and there is a problem with the electrical box on the east end of the street. Mrs. Gard requested that when the EIR on the Waldon Substation Transmission Line Project is prepared, the issue of aesthetics be addressed. AWARD OF BID - Overhaul and Repair of Oil Circuit Breakers MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the Public Works Director and Electric Director that Bid Schedule No. 1141, Overhaul and Repair of Two General Electric Type FKD - 15. 5 - 18000 Oil Circuit Breakers, be awarded to Westinghouse Electric Corporation on their _?<,/,_3 low bid in the amount of $5, 695. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None GOLDEN HEIGHTS SUBDIVISION, Unit No. 1 - Acceptance of Improvements and Streets MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting all improvements within Golden Heights Subdivision, Unit No. 1, for maintenance and operation, and instructing the City Clerk to return the securities. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-192 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and oper- ation Golden Heights Drive and Golden Heights Court within Golden Heights Subdivision, Unit No. 1. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-192 is on file in the office of the City Clerk. ATHENS AVENUE Public Works Director Arness reviewed his memo to Council pertain- ing to Athens Avenue. He stated that in June, 1979, Council received a petition from the residents in this area concerned with the increase in through traffic and excess speed traveled by motorists in this area. The residents were further disturbed , by the possibility of increased traffic from the new development on Park Marina Drive. The petitioners proposed to close Athens Avenue to through traffic. Council referred the petition to the Traffic and Parking Commission and the Commission considered it at regular meetings on August 13 and September 11, 1979. On September 11, 1979, the Commission voted to recommend to Council that a three-way stop sign be installed as a deterrent to through // 3 .ate... ........_.._-_•_____--__ ._ -- ..._k' •--`-• - ----._..... ..._ - - - --_----. _. --- --- __-..._ .. _•_._ _-_. _._.•__`-"'-J 292 1 traffic at the intersection of Athens with Paris and Athens with Olympus. Mr. Arness said that at the staff meeting on September 13 , 1979 , he recommended that staff give further consideration to this matter in that staff has consistently and uniformly opposed the use of stop signs to control speed or to use as a deterrent to through traffic. Mr. Arness submitted a ten-year accident summary for this section of Athens, a ten-year traffic count summary for streets in the vicinity, two recent speed studies on Athens Avenue, traffic volumes on other residential streets in the City, and excerpts of the afore-mentioned Traffic and Parking Commission meetings. At the conclusion of his presentation, Mr. Arness stated that the Public Works staff agrees that the proposed three-way stop signs provide a solution and concurs in the recommendation as a trial use with the following reservation - that it is a solution to a particular problem and should not be generally utilized as a speed control or traffic diverting scheme. Councilman Fulton asked what other solutions had been considered. Mr. Arness replied that staff considered closure of the north end of Athens Avenue; closure of both Rome and Athens; one-way traffic out of Athens and Rome; placement of a divider or constraint at the island on London; or, leave the street as it is presently. Mr. Arness stated that the installation of three-way stop signs at Athens and Paris and at Athens and Olympus will deter traffic, but there may be some unhappiness by the people living in the area having to stop three times within 900 ft. - at South Street, at London and at Olympus. He pointed out that some residents present at the Commission meetings were satisfied with the way it presently is. He noted that the recommendation is a compromise on a trial basis. Councilman Fulton questioned how many people were in favor of closing the north end of Athens Avenue. Mr. Arness responded that basically most residents were opposed to such a closure. Ron Howard who resides at the corner of Athens Avenue and Rome and circulated the petition, was present at the meeting this evening. Mayor Demsher asked Mr. Howard if the residents in the neighborhood would be in agreement with the proposed method for easing the traffic situation in this area. { Mr. Howard responded that if the north end of Athens Avenue is not closed, then the residents are in agreement with this method. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Traffic and Parking Commission that three-way stop signs be installed at the intersection of Athens Avenue with Paris Avenue, and at the intersection of Athens Avenue with Olympus Avenue, and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Abandonment of Water Line Easements near the intersection of Butte Street and Walnut Avenue APublic Works Director Arness advised Council that new water lines fi have been installed in Walnut Avenue and Butte Street to upgrade the City' s system and to do away with the public water line on 293 • private property. It is the Department recommendation that Council by resolution, declare its intention to abandon certain water line • easements near this intersection and that a public hearing pertaining to this matter be scheduled for 7 : 30 P.M. , November 5 , 1979 . MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-193 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a water line easement near the intersection of Butte Street and Walnut Avenue. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-193 is on file in the office of the City Clerk. The Public Hearing was scheduled for 7 : 30 P.M. , November 5, 1979 . SETTING PUBLIC HEARING - Bechelli Lane Assessment District (Chapter 27) Public Works Director Arness requested that Council authorize the Department of Public Works to mail the Notice to Construct and also set the first public hearing for 7 : 30 P.M. , October 15 , 1979 , re formation of a Chapter 27 Assessment District for curb, gutter, 3 S J and sidewalk improvements on Bechelli Lane. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated request of the Public Works Department. The Vote: Unanimous Ayes The Public Hearing was scheduled for 7 : 30 P.M. , October 15, 1979 . LOCAL AGENCY - STATE AGREEMENT NO. 02-5068, Supplement No. 7 - Placement of Pavement Markers Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 79-194 be adopted, a resolution of the City Council of the City of Redding approving Program Supplement No. 07 to Local Agency - State Agreement No. 02. 5068, covering placement of pavement markers. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-194 is on file in the office of the City Clerk. NOTICE OF COMPLETION - Conversion of Substation from 60 KV to 115 KV MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting project re Conversion of the Substations from 60 KV to 115 KV, Bid Schedule No. 1087, as being completed satisfactorily, - 111 and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of 10-Place T-Hangars at Redding Municipal Airport MOTION: Made by Councilman Pugh, seconded by Councilman Fulton �> accepting Construction of 10-Place T-Hangars at Redding Municipal 1/ �. �.. ._.�.� 294 Airport, Schedules A and C, Bid Schedule No. 1067, as being completed satisfactorily and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - 1979 Slurry Seal Program MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the City of Redding 1979 Slurry Seal Program, Bid Schedule No. 1118, as being completed satisfactorily, and instructing the 22- City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes PUBLIC HEARING - Limousine Permit for Elegant Journey, Inc. In a memo to Council dated September 21, 1979 , the City Clerk advised that because jurisdictional requirements were not met with respect to noticing the public hearing for the limousine permit request by Elegant Journey, Inc. , it is requested that Council approve rescheduling the public hearing to 7 : 30 P .M. , October 15, 1979. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for rescheduling said hearing date. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - California-Market Street Storm Drain Assessment District No. 1979-3 The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing on the California-Market Street Storm Drain Assessment District No. 1979-3. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing �' \ Affidavit of Mailing - Notice of Improvement Public Works Department Memo dated September 27 , 1979 City Clerk Brayton apprised Council thatthree communications were received this date, October 1, 1979 , pertaining to this assessment district, as follows: 1. Consent for City to enter property to install bottom and retaining walls on the sides of the subject creek, said work to be done by City at no cost to property owners , signed by Helen Faye Generes, and Alfred A. and Rosemary Lykkeberg; 2. Withdrawal of consent to the subject assessment district in order to obtain independent bids on said project, signed by Alfred A. and Rosemary Lykkeberg; and, 3. Withdrawal of consent to the subject assessment district because of prohibitive cost, signed by Helen Faye Generes. Said communications are on file in the office of the City Clerk. Mr. Sam Sperry of Sturgis, Ness and Brunsell, City of Redding Bond Counsel, appeared before Council and said he has reviewed the afore-mentioned communications in objection to the costs 'for the subject assessment district. He noted that said objections were received from two of the three parcels involved - . - - . .. -- --_-..- ----- - _ - .. _ .. - — 295 Parcel 1 (Lykkeberg) , Parcel 2 (Sherwin) , and Parcel 3 (Generes) - and, when computed, amount to 80% of the land area to be assessed. Mr. Sperry advised that in light of the substantial percentage of objections! Council must now determine which of the following alternatives it wishes to follow: 1. Accommodate the property owners by reducing the cost of said project; 2. Not close the public hearing, but continue to a date uncertain; 3. Abandon the project and close the public hearing; 4 . Close the hearing and with 4/5 majority vote of Council, overrule the rotests and proceed with p the project. Rosemary Lykkeberg, 2118 Miller, appeared before Council and said she would like to obtain bids from some independent contractors, and requests that the public hearing be continued. Helen Faye Generes, 2538 Waldon, said that the cost of the project is prohibitive. She requested that Council continue the public hearing. Mrs. Generes said she is not familiar with the alternative given Council by Mr. Sperry, i.e. , that with a 4/5 majority vote of Council, it can overrule the protests and proceed with the project. She stated that in the event Council wishes to follow that procedure, she would like to submit further documentation. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh continuing the Public Hearing to a date uncertain. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - Acquisition of Property for California- Market Street Storm Drain Assessment District The hour of 730 P.M. having arrived, Mayor Demsher opened the Public Hearing on the Acquisition of Property for the California-Market Street Storm Drain Assessment District. Because acquisition of this property pertains to the previous item regarding the Street Storm Drain Assessment District for California-Market Street and substantial protests were received, it was suggested that Council continue the public hearing to a date uncertain. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton continuing the Public Hearing re Acquisition of Property for the California-Market Street Storm Drain Assessment District to a date uncertain. The Vote: Unanimous Ayes PUBLIC HEARING - Appeal of Planning Commission Decision re Site Plan Review SPR-3-79 - Tony Maier Councilman Pugh abstained from discussion and voting on this item. The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re the appeal of the Planning Commission /./0/ - decision re Site Plan Review SPR-3-79 (Tony Maier) . r 296 The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing f Affidavit of Mailing - Notice of Public Hearing Planning Department Memo dated September 27 , 1979 City Clerk Brayton read the letter from Anton Maier, dated October 1, 1979, submitted to Council this evening offering a compromise proposal. Said letter is hereby made a part of these minutes by reference. Planning and Community Development Director Perry reviewed the staff memo to Council dated September 27, 1979 , which memo is hereby made a part of these minutes by reference. Mr. Perry advised that Mr. Tony Maier has filed a letter appealing the unanimous decision of the Planning Commission on September 11, 1979. The action of the Commission was to uphold an appeal by various property owners concerning an action by the Board of Administrative Review (BAR) which permitted, for a period of time, two overhead doors with driveways fronting on Oasis Road on a new industrial build- ing located in the Mountain Lakes Industrial Park. Mr. Perry said that the Planning Commission' s basic concern was with the maneuvering of large trucks and trailer rigs on Oasis Road. The Commission felt that a public street should not be used for backup movements by large trucks. The issues the neighboring property owners raised were aesthetics , noise, doors on Oasis Road, lack of landscaping on Woggon Lane, traffic movements and the impact of the plant on adjoining residential areas. Based upon the testimony presented at the Commission hearing, it was the opinion of the Commission that the applicant should be required to comply with the originally approved site plan. This would require relocating both doors along Oasis Road and landscaping the front of the building. Mr. Perry noted that Mr. Maier' s compromise proposal set forth in the Planning Director' s memorandum to Council is no longer valid as Mr. Maier has clarified and submitted a further com- promise in his letter dated October 1, 1979 and handed to Council this evening. The latest proposal includes the follow- ing: 1. The front overhead door at the west end be moved to the back of the building in line with the easterly front door. 2 . Paving and fence modification, which would connect with the existing yard and allow for a straight forward traffic flow pattern. 3 . Heighten and widen the west side overhead door to allow for truck turn around all within the yard and building. 4 . Black top in front of the removed overhead door to be replaced with additional landscaping. 5. The space where the overhead door is removed will be replaced with glass plus architectural facia trim with color contrast. 6 . Plastic slats will be added to the fence along Woggon Lane and fifty feet on the rear property line. 297 Mr. Perry said it is the feeling of staff that the compromise as presented is reasonable and resolves the major areas of concern. It is recommended that the appeal be upheld and the permit granted subject to the items included in Mr. Maier ' s compromise proposal, with the following modifications listed below and as shown on the map attached to the staff memo: 1. Landscaping to be installed in front of the chain link fence between Woggon Lane and the westerly driveway. 2. Cedar slats to be used in lieu of plastic slats. Mr.Perry stated that, at this point, Council has three alter- natives: l._ Uphold Mr. Maier' s appeal and accept the compromise offer. 2. Deny the appeal and uphold the action of the Commission requiring both doors to be relocated. 3. Continue the item for further consideration. The following persons spoke with respect to the issue. Garth Sanders, 4016 Oasis Road, said that the building con- structed by Tony Maier is not a good neighbor. He pointed out that it is important to the City what happens here because the surrounding area will eventually be annexed to the City. He said that as the properties become undesirable for single- family dwellings, they will be sold and the neighborhood would go industrial. Mr. Sanders said he felt that there should be a less obtrusive development on this corner. He objects to the two doors on Oasis Road noting that they will be a traffic hazard and traffic is increasing on this roadway. Mr. Sanders also pointed out that the City' s Negative Declaration on this project states that the plant will produce no more than three decibels of noise, no glare, no fumes and no pollution. He said that steel fabricating plants use various processes such as hydrostatic testing, x-ray painting, and lighting. He questioned what type of a scrutinizing agency the City has . Mr. Sanders said he feels Mr. Maier should place his incoming freight and doors on his own property on the east side of the building and objects to the large door on the west side of the building. Ed Devan, 2050 Daut Road, objects to the placement of the structure at the corner of the industrial park noting that it should have been located near the railroad spur. He said no provision has been made for a 30 ft. buffer strip on Oasis Road to provide for noise control for the adjacent residential area. He further stated that Mr. Maier has made no provision for street dedication for the expansion of Woggon Lane. He noted that his proposed landscaping is presently located where the center line of Woggon Lane will be with no provision for a 111 buffer zone. He also objects to the trucks using Oasis Road for egress and ingress noting that Mr. Maier should allow for the trucks to move on his property to the east towards Beltline Road. Mayor Demsher asked Mr. Perry if Oasis Road is scheduled to be developed into four lanes. Mr. Perry replied in the affirmative. 29.8 Lorraine Sanders, 4016 Oasis Road, voiced objection to the building and suggested that Council Members take a look at the monstrosity. All Council Members indicated they had seen the building. Gary Borchard, Attorney, on behalf of Mr. Maier, said that in reference to the compromise proposal, the reason for the use of plastic slats in the chain link fence is to give additional coverage that wouldn' t be gained when using cedar slats which have to be split. City Attorney Murphy said that staff recommends cedar slats over plastic slats in order to reduce the noise problem to the residents on Woggon Lane. Mr. Perry noted that reflection off of the plastic is more severe. Mr. Murphy asked if the use of cedar slats was a critical issue for Mr. Maier. Mr. Borchard replied in the negative. Mr. Borchard further stated that Mr. Maier and the City have a mutual problem in that the building is complete and it has no power. He said that the residents of the area would prefer that the building not be there at all; however, there are basic issues which need to be considered. He said that the original site plan was submitted which did not show the location of doors and fences, etc. The construction plans which were detailed and submitted were the ones that were used for the inspection. He said that we now have a problem and he feels that the compromise offered by Mr. Maier solves the basic problems by not backing out on to Oasis Road, eliminating the front door and putting in additional landscaping. He said that the compromise will at least allow Mr. Maier to use the building. He noted that City staff must assume part of the responsibility for the design of the building. Mr. Bochard said it appears that Mr. Maier has met the issue more than half way- and would hope the City meets him the other half. Walter A. Taylor, 1850 Bow Lane, said that Mr. Borchard stated that the residents in the area opposed the building in the industrial park. He said that they don' t oppose the building, but do oppose the way it was constructed. He questioned the two large doors on Oasis Road and said that they should have been on the Beltline Road side to the east. Darrel Gouldsmith who has resided at 4091 Oasis Road since February, 1962 , said that there is a 33 ft. easement on his property which comprises Woggon Lane, which is a private road and does not belong to Mr. Maier. He said that the residents have improved the lane. Mr. Gouldsmith read portions of Ordinance No. 1346 pointing out that Mr. Maier has not complied with Article 6 pertaining to storage of materials, Article 7 requiring loading areas to be adequately screened, and Article 8 providing for a 25 ft. buffer strip with landscaping along Woggon Lane to provide a visual barrier. He stated that Mr. Maier has only 10-15 ft. left on this lane. Mr. Gouldsmith stated that Woggon Lane is a private easement and Mr. Maier' s contractors and subcontractors have repeatedly used it to bring in materials, but Mr. Maier has never put anything into its upkeep. He said that several oak trees were torn out by a road grader. He feels his property is being devalued. 299 He objects to the widening of the door on the west side noting that the original plans do not even show a door at this location. He feels the doors should be situated where they won' t bother the residents. Councilman Kirkpatrick asked about the ownership of Woggon Lane. Public Works Director Arness replied that he thought it was a private road. Ellyn Pelligrini, 5001 Oasis Road, is opposed to the expanded fence area as she gets the full benefit of looking at all of it. She said the door on the west and the two doors fronting on Oasis Road face her residence. She feels better plans could have been made for the placement of the doors noting that there were no doors shown on the first site plan; therefore, feels this is a clandestine effort on Mr. Maier' s behalf against the residents. She questioned the three decibels of sound abutting a residential area, the lack of a greenbelt area, and objects to the view she gets of the fence. She said her house is up for sale and she hasn' t had one prospective buyer. Mary Gouldsmith, 4091 Oasis Road, said she had attended both the April 11 and 18 BAR meetings. She said that the original proposed plan was something she felt the residents in the area could live with; that she was also assured that the trucks would not use Woggon Lane, and that there would be a greenbelt area. Councilman Kirkpatrick asked about the greenbelt area on Woggon Lane. 111 Mr. Perry responded that the site plan was approved subject to the condition that five gallon Leyland Cypress be planted and maintained along the entire west property line adjacent to Woggon Lane; and that irrigation be provided to all land- scaping. The audience responded that the irrigation system has not been installed. Kathleen Village, 1681 Woggon Lane, said she is home during the day and can hear the paging system from the Coca Cola Plant and the lights that are left on all night shine into her windows. Mrs. Village questioned why Mr. Maier couldn' t utilize the undeveloped area to the east for a driveway onto Beltline Road and build his doors there. She said his compromise will still mean that she will be faced with the activity on Woggon Lane and have to look at the gestapo black top area. Mr. Devan said that it appears that the street will be cut along Mr. Maier' s plantings and no allowance has been made for the street. Virgil Covington, Economic Development Corporation, said that a formal survey was done on Woggon Lane by CH2M Hill. The 50 ft. easement is on the property purchased by the Corpo- ration. Greg Butler, 1720 Woggon Lane, said he bought a 33 ft. easement for that road, pays taxes on it and owns it. He said that the planting wells have been dug on his property. - J 300 He feels the greenbelt area is necessary and that the trucks should be rerouted into the Industrial Park from Beltline Road. Mr. Borchard responded that the traveled portion of Woggon Lane to the northwest is on Mr. Maier' s property. Garth Sanders advised that the Bureau of Land Management laid out 33 ft. easements on each parcel in grid fashion to make provision for roads. Councilwoman Gard asked Mr. Borchard if it was pointed out to the Building Department that the second set of plans differed from the original set. Mr. Borchard responded in the negative, noting that they were submitted in the usual fashion. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining At this point in the meeting, Mayor Demsher declared a three- minute recess. Mayor Demsher said there appears to be some confusion as to where the doors were to be located, which apparently was the result of no cross checking of the site plan with the building plans . Mrs. Gard noted that at the April 18 BAR meeting, one driveway was discussed which would intersect Oasis Road at right angles and all of the conditions use the terminology "the driveway" . No mention is made of driveways, plural. Councilman Kirkpatrick asked if BAR assumed where the doors would be. Mr. Perry responded that it was apparently assumed there would be one door on the west. City Attorney Murphy said it is apparent that the site plan is inadequate. Mrs. Gard said the doors are where the plans show the land- scaping and fencing are to be located. She said she assumed the doors would be placed on the south and east sides of the building. In response to an inquiry as to whether the compromise meets the covenants of the Industrial Park, Mr. Perry responded in the affirmative. City Attorney Murphy said any violation of Ordinance No. 1346 , which pertains to requirements for a M-2-F Industrial District, must be enforced. Mrs. Gard questioned if this building comforms to this ordinance. Mr. Perry read the requirements stipulated in Ordinance No. 1346. Mr. Murphy said that this is City law and that the require- ment for the 25 ft. buffer zone will have to be complied with. He continued that a lot of the testimony given this 301 evening is irrelevant to the issue. He said the discussion should center around appeal from a situation that has been caused by the applicant and the City; the issue is not whether the site plan has sufficient detail, or that the City should impose what it assumes the site plan represents and insist that Mr. Maier comply with it in all respects when he has spent thousands of dollars contrary to the plan. Mr. Murphy feels , what must be determined is whether to abide by the original site plan submitted or agree to the compromise offered by Mr. Maier. He stated that it has been said without diplomacy, but very candidly, that the City is to blame for the position , he is in. Mr. Murphy said that Mr. Maier should bear the blame for inflaming the residents by repeated use of the private roadway by the contractors. He noted that the City received calls daily objecting to this situation. He said the facts are before Council; building permits and encroach- ment permits were issued and quite an expenditure made by the applicant before it was determined that anything was amiss. Mr. Murphy said that Council could impose additional compro- mises; however, he feels the City will be involved in various forms of litigation if an attempt is made to return to an assumed "base one. " Mr. Murphy said Mr. Maier cannot right- fully be requested to redesign the building at this time, but he can be compelled to landscape it to Council ' s satis- faction. He said that Mr. Maier recognizes his obligation and has tried to meet it with the compromise. Mayor Demsher asked if there are other industries in the Park that have access off Oasis or Caterpillar Roads, or Ido they essentially use their own property. Mr. Perry said he recalls one on Caterpillar Road. ' MOTION: Made by Councilman -Fulton, seconded by Councilman Kirkpatrick upholding Mr. Maier' s appeal and accepting the compromise offer as hereinbefore set forth, with the modifi- cations recommended by staff. Voting was as follows : Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Gard and Demsher Absent: Council Members - None Abstain: Council Members - Pugh At this point Mr. Murphy was asked if Councilman Pugh could vote in order to break the tie vote. Mr. Murphy responded in the negative noting that Mr. Pugh has a conflict of interest and has not been present during the entire public hearing. MOTION: Made by Councilwoman Gard, seconded by Mayor Demsher denying the appeal. Voting was as follows: Ayes: Council Members - Gard and Demsher Noes: Council Members - Fulton and Kirkpatrick Absent: Council Members - None Abstain: Council Members - Pugh City Attorney Murphy requested that the decision on this matter be continued to 12 : 00 Noon, Tuesday, October 9, 1979 in order to obtain a legal ruling on how to proceed. Council Members concurred with the suggestion. 302. PUBLIC HEARING - Rezoning Application PD-1-79 by BDR, Inc. The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning Application PD-1-79 by BDR, Inc. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed the staff memo to Council dated September 27, 1979. Mr. \Ls Perry stated that the applicants have requested rezoning of property located at 240 -Hilltop Drive from "R3-40-F" Multiple Family Residential District to "PD" Planned Development District. The area was shown on the Vu Graph. The Planning Commission conducted a public hearing on this matter on August 28, 1979. At the conclusion of the hearing, the Com- mission unanimously recommended approval of the rezoning subject to 27 .conditions. Council was provided a list of the conditions. It is the staff recommendation that the negative declaration be ratified, the rezoning approved and the prepared ordinance offered for first reading. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Council makes the following findings regarding Rezoning Application PD-1-79 by BDR, Inc. 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California, and 5. Project is compatible with "PD" zoning district require- ments, and, ratifies the Negative Declaration approved by the Board of Administrative Review on May 16, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the recommendation of the Planning Commission and staff re PD-1-79. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1463 for first reading, an ordinance of the City Council of the City of Redding amending Section 18. 06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (PD-1-79) 303 PUBLIC HEARING - Rezoning Application RZ-9-79 by Oak Ridge Associates Councilman Pugh abstained from discussion and voting on this item The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning 'Application RZ-9-7.9 by Oak Ridge Associates. The following documents are on file in the, office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission Recommendation dated 9/26/79 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed the staff memo to Council dated September 26 , 1979. He stated that the Planning Commission conducted a public hearing on August 28, 1979, to consider rezoning property located on the north side of Rosaline Avenue north of the Mercy Hospital /4 office complex. This property is part of a larger parcel recently rezoned by the City. The location was shown on the Vu Graph. At the conclusion of the public hearing, the Commission recommended the property be rezoned from "U-F" Unclassified to "CO-B10-F" . Mr.. Perry stated that approval of the rezoning will allow the owner to utilize the entire parcel for an office development. It was the opinion of the Commission that the open space concept in the canyon, as shown on the adopted General Plan, was adequately provided for by the existing "U-F" zone located on the south side of the existing single family parcels and that the application was consistent with the General Plan. It is the recommendation of the Commission that, after the close of the public hearing, the negative declaration be ratified, the rezoning approved, and the prepared ordinance offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining Councilwoman Gard said she felt the City should be careful in considering applications in canyon areas, and that she particularly opposed the concept of infringing into the greenbelt area. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following findings regarding •, Rezoning Application RZ-5-79 , by Dorr Grover: 1. Project is compatible with the Redding General Plan; 2 . Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project: is compatible with the Code of the City of Redding, California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on May 15, 1979. 1 304 Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, and Demsher Noes: Council Members - Gard Absent: Council .Members - None Abstain: Council Members - Pugh MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the recommendation of the Planning Commission re Rezoning Application RZ-9-79. Voting was as follows: Ayes: . Council Members - Fulton, Kirkpatrick, and Demsher Noes: Council Members - Gard Absent: Council Members - None Abstain: Council Members - Pugh Councilman Kirkpatrick offered Ordinance No. 1464 for first reading, an ordinance of the City Council of the City of Redding amending Section 18. 06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the -City of Redding. (RZ-9-79) PUBLIC HEARING - Appeal of Lot Split Application LS-71-79 by Francis Yanni The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the Appeal of Lot Split Application LS-71-79 by Francis Yanni. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Department Memo dated September 27, 1979 The City Clerk advised Council that no written protests have been received. Planning and Community Development Director Perry reviewed the staff memo to Council dated September 27, 1979 . He stated that the Planning Commission considered the appli- cation of Francis Yanni at its meeting on August 14 , 1979 . After considering the testimony from staff, the applicant' s engineer, and interested neighbors, the Commission voted unanimously to deny the lot split. The applicant has appealed that decision. Mr. Perry said that the subject property consists of 1. 2 acres and is located on the west side of Hillcrest Street north of Grandview Avenue. The area was shown on the Vu Graph. Topographical maps were submitted to Council depicting the severe slope of the property which ranges from 34- to 40-percent. Mr. Perry said the parcel has 240 feet of frontage on Hillcrest and is large enough to subdivide were it not for the extreme slopes. The subdivision regulations covering hillside development set forth minimum standards for parcels. A type IV parcel, which covers lots of between 30- to 40-percent slope, require a minimum of 150 feet of frontage. This parcel does not have sufficient frontage to be subdivided into two lots. In addition, Mr: Perry said the neighbors are extremely concerned with development of this steep canyon area. Copies of letters and a petition from 305 concerned citizens submitted to the Planning Commission were given to Council. It is the staff recommendation that the appeal be denied and the action of the Planning Commission upheld. William J. Braun, Attorney, representing Dr. & Mrs. Francis Yanni, said he had Doss Engineering take bearings of the property and that he takes issue with the 30-40% slope referred to in the Planning Department report. Mr. Braun said that, after discussing the issue with Dr. Yanni, he believes with proper engineering, houses can be built here without falling into the canyon. Similar lots have been used in the San Francisco area. Mr. Braun recommends returning the request to BAR and proposing a different lot split. Mr. Braun said that after looking at the review done by Mr. Doss, perhaps some sort of fill could be used and two 120 ft. lots or four 60 ft. lots be developed. He said the fill and com- paction would be done at the expense of the applicant. Mr. Braun requested that the appeal be continued for 30 days. City Attorney Murphy asked if Mr. Braun would waive any time limits that may be imposed. He said that the ordinance govern- ing appeals dictates time limitations for ruling on appeals . After consulting with Dr. Yanni, Mr. Braun waived the time limits pertaining to the appeal only and no other rights or privileges. Rufus Knapp, 3425 Hillcrest, said he has resided here for 16 years and objects to such development in this steep canyon area. He said that the street is only 28 ft. wide. The neighbors have attended the BAR and Planning Commission meetings regarding this matter and objected to this lot split and again are requesting that Dr. Yanni ' s appeal be denied. Fred Burdett, 3345 Hillcrest, said he objects to anyone filling in the gorge as it would cause dust and ruin the present roadway. Mrs. Burdett, 3345 Hillcrest, said that nine neighboring resi- dents are in attendance this evening and all object to this lot split. Barbara Williams, 3340 Summit, said she enjoys her backyard and objects to construction of a house on stilts there. Mr. Braun said the arguments being presented were emotional and pertained to use of a public street. He said that progress cannot be stopped and that it is ludicrous to think that a man buys a piece of property and then is required to abandon its development. Mr. Knapp said he was serious in suggesting that Dr. Yanni use the area as a bird sanctuary. He said the rights of the neighbors will be jeopardized if this lot split is approved. Councilman Fulton asked if Dr. Yanni can construct a single residence on the present parcel to which Mr. Perry replied in the affirmative. Councilwoman Gard noted that such construction would require stilts and a decreased setback. Councilman Kirkpatrick asked if another application would have to be filed if the hearing were continued. 306 Mr. Perry said that Dr. Yanni has applied to BAR for a lot split into four parcels and subsequently for a lot split into three parcels. Both applications were denied. This recent application for a split into two parcels was denied by the Planning Commission. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick upholding the action of the Planning Commission and denying the appeal. The Vote: Unanimous Ayes PUBLIC HEARING - Appeal of Use Permit UP-221-79 Mayor Demsher called upon the Planning and Community Develop- ment Director to review this item. Mr. Perry reviewed the staff memo dated September 28 , 1979 , stating that the Planning Commission considered Use Permit Application UP-221-79 submitted by Robert Medley at its regular meeting on August 14, 1979. The property is located between Layton Road and Second Street, east of Bechelli Lane and was shown on the Vu Graph. Mr. Perry said the appellants noted that they did not receive notice of the Planning Com- mission meeting. Although residents were notified of the initial BAR meeting, staff can find no evidence that notices were mailed prior to the Planning Commission meeting on this issue. Mr. Perry said that based upon a recent Supreme Court decision (Horn vs. Ventura County) , the lack of notification invalidates the action taken by the Commission. It is recom- mended that this hearing be cancelled and the use permit be referred back to BAR for renotification and consideration. Council Member Gard indicated she felt the matter should be referred back to the Planning Commission rather than to BAR. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation of staff. Voting was as follows : Ayes: Council Members - Fulton, Kirkpatrick, Pugh, and Demsher Noes : Council Members - Gard Absent: Council Members - None ORDINANCE - Adopting 1979 Uniform Fire Code MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that Council makes the following findings regarding amendment of Chapter 19 . 20. 010 of the Municipal Code replacing the 1976 Uniform Fire Code with the 1979 Uniform Fire Code: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; \ 3. Project is compatible with surrounding land use; 4 4. Project is compatible with the Code of the City of Redding, California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on September 4, 1979. The Vote: Unanimous Ayes 307 1 Councilman Fulton offered Ordinance No. 1465 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 9. of the Redding Municipal Code by repealing Section 9. 20. 010 and substituting therefor a new Section 9. 20. 010, per- taining to Uniform Fire Code. RESOLUTION - Rescinding Resolution No. 79-82 re Abatement at 2262 Oxford Road (Haas/Frigo) MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-195 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 79-82 , which declared intention to begin legal proceedings of abatement on property at 2262 Oxford Road. (Owned by Haas, et al /Frigo) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and 3 — Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-195 is on file in the office of the City Clerk. RESOLUTION - Accepting Easements in Enterprise Annex Area MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-196 be adopted, a resolution of the City Council of the City of Redding approving and accepting the assign- ment from Pacific Gas and Electric Company of certain easements in the Enterprise Annex Area, and authorizing recording. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-196 is on file in the office of the City Clerk. PERMIT - Redding Radio Controlled Model Aircraft Club City Attorney Murphy advised Council that the Permit for the Redding Radio Controlled Model Aircraft Club to use a portion of Redding Municipal Airport land is routine and recommends its approval. Councilwoman Gard questioned the reference to Pacific Airlines in the prepared permit, noting this Airline has not been in Redding for some time. �J Mr. Murphy replied that the permit needs updating to include the current airlines and agreed to interlineate same. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh approving the Permit between the City of Redding and the Redding Radio Controlled Model Aircraft club to use a portion of the Redding Municipal Airport land, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes AGREEMENT - Cal-Todd Aviation re U.N. I.C.O.M. Station Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman /4// Gard approving the Agreement between the City of Redding and Cal- Todd Aviation re operation and maintenance of the U.N. I .C.O.M. station at Benton Airpark. The Vote: Unanimous Ayes with Councilman Pugh abstaining _._-__._.. ._..A 308. EI AMENDMENTS TO CONTRACT - State of California Department of Water Resources City Attorney Murphy said that the contract between the City of Redding and the State of California Department of Water Resources was forwarded to them for signature and, although the State had given their oral and written approval , they made two minor changes . Mr. Murphy said he is in agreement with the changes, as is Carlo ,e Fowler, and requests Council approval and authorization for the ?) Mayor to initial said changes. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the Amendments to the Contract with the State of California Department of Water Resources as recommended by the City Attorney, and authorizing the Mayor to initial same. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses The Jungle, 2181 Hilltop Drive Trettin, 3251 South Market Street El Bo Room, 481 East Cypress Avenue Dave ' s Arco, 5150 Churn Creek Road \� \ ` Northern California Health Systems Agency Revised Project Review Manual, September 20, 1979 ADJOURNMENT There being no further business, at the hour of 10 : 35 P.M. , Mayor Demsher adjourned the meeting to 12 : 00 Noon, October 9 , 1979 . APPROVED: Mayor ATTEST: 4.44 ji‘ey Clerk